Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I fundamentally disagree with Senator McDowell, who wishes to perpetuate the tap-on-the-shoulder system, which is far from transparent. It has given rise to the need for a legislative change in other jurisdictions and was behind this reform process in 2014, when a consultation process was undertaken. We are moving to regularise the system relating to the appointment of judges. It happens to be a fundamental tenet of this new Bill, which Senator McDowell readily accepts, that we are bringing sitting judges of the courts into the process.They will be required, for the first time, to make an application to enter into the process and to engage with an independent appointments commission. That is entirely reasonable and adds to the type of transparency that is necessary in a modern public service. It also accords with what is happening in other jurisdictions, particularly the common law jurisdictions and most especially, as I have said on several occasions, in Scotland, England and Wales where we have not seen the type of trenchant opposition to change that has been spearheaded here for the past number of months by Senator McDowell. He appears to wish to hold on to a system which is far less transparent than under the current proposals, where nobody really knows what happens. As Senator McDowell himself says, drawing on his own experience, there is much tapping on the shoulder and requesting people to make certain overtures to the Attorney General or to Government, or both, in a way that could well be described as canvassing. It is time we moved on to a more modern arrangement for the appointment of judges.

As I said earlier, I do not subscribe to the view that the commission will be anti-lawyer or anti-judge in the manner in which Senator McDowell fears in the context of non-legal representation on the commission. I do not see it like that. These will be people of considerable expertise who will need to accord with the various terms and conditions that we have placed in aspects of this legislation. I am unwilling, therefore, to accept amendments Nos. 86c, 86d and 86e because I do not wish to interfere in any way with the central tenet of the reformist nature of this legislation.